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(영문) 서울북부지방법원 2020.10.13 2019가단6710

대여금반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant’s spouse C is registered as a business operator of D for the purpose of wholesale and retail of medical devices under the Defendant’s name, and D substantially operates D. (2) The Plaintiff’s birth, the Plaintiff’s birth, is operating a medical consulting company for the purpose of trading, arranging, etc. of medical devices.

B. The Plaintiff, on April 12, 2017, paid the money between the Plaintiff and the Defendant, KRW 30,000,000,000, to the Agricultural Cooperative Account under the Defendant’s name; and

6.7. Transfering KRW 35,000,000 to the above account under the Defendant’s name.

2) From April 12, 2017 to September 22, 2017, the sum of KRW 14,200,000 was paid to the Plaintiff from around April 12, 2017 to around September 22, 2017. From around January 10, 2018 to around November 30, 2018, KRW 2,40,000 was paid to the Plaintiff via the above account in the name of the Defendant and other accounts in the name of the Defendant. [Grounds for recognition] There is no dispute regarding the fact that there is no dispute regarding the Plaintiff, and the evidence prescribed in subparagraphs 1, 2, 6, 7, and 10, and 1 through 3 (including each number, if any, and each testimony of witnesses E and C, and the purport of the entire pleadings as a whole.

2. Summary of the plaintiff's assertion

A. On April 12, 2017, the Plaintiff: (a) on July 12, 2017, lent KRW 30,000,000 to the Defendant to the due date; and (b) on July 12, 2017, the Plaintiff leased KRW 1,00,000 per month interest to the Defendant

6.7. The Defendant lent KRW 35,000,000 to the Defendant on September 7, 2017 and at the rate of KRW 900,000 per month.

The Defendant paid a total of KRW 16,600,000 to the Plaintiff from April 12, 2017 to November 30, 2018 as the principal and interest of each of the above loans.

Therefore, the Defendant is liable to pay to the Plaintiff the balance of each of the above loans and damages for delay. However, the Plaintiff shall apply all of the above loan premium that the Defendant paid to the Plaintiff to the principal, and claim for the payment of the remainder of the principal (=65,00,000 won - 16,600,000 won) and damages for delay.

B. The Defendant did not directly borrow each of the above money from the Plaintiff even if the nominal lender’s liability is the Plaintiff.